Subject: Utah Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit — [Case ID] [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of Court [Utah County Courthouse] [Courthouse Address] [City, State, ZIP Code] Re: Request for Default Judgment with Supporting Affidavit — [Case ID] Dear Clerk of Court, I am writing to respectfully request a default judgment in the aforementioned case as the defendant [Defendant’s Name] has failed to respond or defend within the required time frame. I have enclosed the necessary documents to support this request as outlined in the Utah Rules of Civil Procedure Rule 55. 1. Case Information: — Case ID: [Case ID— - Court: [Utah County Courthouse] — Assigned Judge: [Judge's Name— - Date of Filing: [Filing Date] 2. Description of the Case: Provide a concise summary of the case, highlighting the key details and relevant parties involved in the litigation. 3. Service of Process: — Affidavit of Service: Attach a copy of the properly executed Affidavit of Service, demonstrating that the defendant was properly served with the summons and complaint in accordance with the Utah Rules of Civil Procedure. 4. Failure to Respond: — Affidavit of Default: Enclosed is an Affidavit of Default, signed by [Your Name], indicating that the defendant has not filed a responsive pleading or otherwise defended the action within the required time frame. 5. Supporting Affidavit: — Affidavit in Support of Request for Default Judgment: Attach a comprehensive affidavit explaining the basis for your claim, including all relevant facts, supporting evidence, and legal arguments. 6. Prayer for Relief: — Specify the relief sought, such as monetary damages, injunctive relief, or specific performance, along with a credible explanation of the requested amount or outcome. 7. Compliance with Procedural Requirements: — Certify that all procedural requirements, including service of process, notice requirements, and any other relevant regulations have been met, as required by the Utah Rules of Civil Procedure. I kindly request the Clerk of Court to review the enclosed documents and consider issuing a default judgment accordingly. If any further information is needed or if there are any additional requirements, please do not hesitate to contact me at the provided contact information. Thank you for your prompt attention to this matter. I look forward to receiving a favorable response in due course. Sincerely, [Your Name]
Utah Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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Four Corners of the Complaint (complaint + exhibits + judicially noticed material) "The scope of review must be limited to the four corners of the complaint ? and attached exhibits . ... Short & Plain Statement (Rule 8(a)(2) Fed. R. ... Sufficient Facts. ... Assume All Allegations are True. ... Plausibility. ... Double-Check for Propriety.
Under Rule 12(f), however, motions to strike are limited to addressing ?an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.? Because ?the Court must view the pleadings in a light most favorable to the pleading party,? a 12(f) motion to strike will rarely be granted.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
The plaintiff must serve an answer to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs.
Rule 12 - Motions (a) Motions. An application to the court for an order shall be by motion, which, unless made during a trial or hearing, shall be in writing and in ance with this rule. A motion shall state succinctly and with particularity the grounds upon which it is made and the relief sought.
If the judge makes a decision without a hearing or if the judge or commissioner takes the matter under advisement, they will usually decide on the motion within 60 days after the motion was submitted.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
